Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---Constitution of Pakistan (1973), Art.199 --- Constitutional petition---Revision---Pecuniary jurisdiction---Less jurisdictional value--­Assumption Of jurisdiction by High Court---Validity---Direct revision petition against the order of Civil Judge having jurisdictional value less than Rs.2,500,000, in ordinary course should have been decided by District Judge concerned but because of the connected Constitutional petition and also on account of the concurrence of the counsel for the parties, the same was disposed of by the High Court. (b) Arbitration Act (X of 1940)--- ---Ss, 30, 32, 33 & 41---Civil Procedure Code (V of 1908), S.12(2)--Award, setting aside of---Provisions of S.12(2), C.P.C.--­Applicability---Award cannot be set aside except on the grounds enumerated either under S.30 or on the basis of S.33 of Arbitration Act, 1940---Institution of suit on the ground whatsoever qua the decision of, upon existence, effects or validity of arbitration agreement or award is barred under S.32 of Arbitration Act, 1940---Only because of provisions of S.41 of Arbitration Act, 1940, which makes the Civil Procedure Code, 1908, applicable to the proceedings before the Court in which the matter relating to arbitration are being adjudged, the application under 5.12(2); C.P.C. is not competent---If the question arises that the proceedings and the orders of the Court may be in relation to the proceedings under Arbitration Act, 1940, have been procured through fraud and misrepresentation, such is not a question falling within the domain of Arbitration Act, 1940---Bar contained under Ss.32 & 33 of Arbitration Act, 1940 would not be attracted rather the question would be connected with the proceedings of the Court independently and in order to seek setting aside of the same on the ground enunciated in S.12(2), C.P.C. only such application would be competent. (c) Arbitration Act (X of 1940)--- ----Ss. 14, 30, 32, 33 & 41---Civil Procedure Code (V of 1908), S.12(2)---Setting aside of award---Assailing arbitration proceedings on the basis of fraud and misrepresentation---Remedy---Application under S.12(2), C.P.C. was…

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